FEDERALCourt of Appeals for the Sixth Circuit
2001

Anna S. Petrey, D/B/A Magnum Towing v. City of Toledo

246 F.3d 548Court of Appeals for the Sixth Circuit • Decided 2001Modified

HOLDING

Anna Petrey challenged Toledo's towing license requirements as violations of federal motor carrier law. The court ruled that Toledo's Class A police towing license requirements are legal under a municipal-proprietor exception, but the general towing license requirement for all drivers is preempted by federal law. This matters to construction subcontractors because it clarifies when cities can enforce local licensing rules versus when federal law blocks them.

KEY FINDINGS

Insurance Requirements

Cities can require special licenses for government-contracted work (like police tows) even if federal law preempts general licensing rules

FULL COURT OPINION